The Study on the Amendment and Correction of Patent Specification

• Main Authors: Fang-Bin Cherng, 程芳斌
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/82679249500733503896

碩士 === 世新大學 === 法律學研究所(含碩專班) === 93 === A suitable time of using our revision Specification system is according to 49th Article3 of The Patent Law, which has regularized when the patent cases in filling ,reexamination, and conversion are examining,the bureau will notify applicants by their authorities, or revising of applicants’ own accord, both of the two ways can be used; the main goal for this revision includes: the incorrect form of the manual, wrong records, the extensive claim, lacking of real examples, or unsuitable translations, etc. Many questions of examining cases often happen if this revision exceeds to ascertain and establish the disclosure of Specification or drawings, and allow the result of this revision before examination. It will be discussed and explained. The revised types of claim no matter which are addition, deletion or change of the constituting condition and superordinate concepts or subordinate concepts,the decisions needed to be paid attention is that adding new matter is not allowed because these decisions are via the immediate and singular meaning to establish those types. However, what is the connotation of an invention? The key is about descriptions of claim. Thus, claim has an important status in the patent system. Once it happens to incorrect revision and causes the tort of claim which exceed to ascertain and establish the disclosure of Specification or drawings, in the case of patent tort, the entire complainant will look for advocating the basic explanation of claim (ex: Allow Element Rule, Doctrine of Equivalent, and Prosecution History Estopped) and the use of the patent tort analytic principles. In Chapter 4, we will use the important explanations and additional restrictions of the case, Warner-Jenkinson Company, Inc., et al., v. Hilton Davis Chemical Co., to discuss the suitability of Doctrine of Equivalent, and Prosecution History Estopped in our revision system, which is used in the case of inventing patent examination. Additionally,the revision of suitable disputing questions and the ways of solving in the concentrating scope of Administrative Remedies will be discussed and I will bring up my points of view.